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Opinions Nov. 16, 2012

November 16, 2012
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Indiana Court of Appeals
Marybeth Lebo v. State of Indiana
46A05-1202-CR-104
Criminal. Affirms trial court’s judgment in denying motion to dismiss charges of failure to report child abuse or neglect. Lebo argued the charges were not permissible because they came after the statute of limitations had passed but the COA disagreed, finding the Legislature’s intent was to make the failure to report a continuing offense. Otherwise, the court stated, the duty to report would be limited to the day on which the individual comes to believe abuse is taking place.

The Marling Family Trust v. Allstate Ins. Company
49A02-1203-CT-186
Civil tort/trust. Reverses the trial court grant of summary judgment in favor of Allstate and remands to determine whether the loss is covered under an insurance policy. The trust purchased a house at sheriff’s sale after a foreclosure but had established an equitable lien in policy proceeds under an existing homeowner’s policy and therefore was entitled to receive funds from the policy in the event of an insured loss, the appellate court held.

Kohl's Indiana, L.P. and Kohl's Dept. Store, Inc. v. Dennis Owens, et al.
82A05-1203-PL-103
Civil plenary. Affirms trial court grant of summary judgment in favor of the Evansville-Vanderburgh County Area Plan Commission and the Board of Commissioners of Vanderburgh County, holding that neither body accepted a common obligation to complete the project to build a Kohl’s department store on the west side of Evansville, and that Kohl’s cannot recover on a theory implied in law because a contract with the Board of Commissioners required Kohl’s to complete public infrastructure improvements at its expense.

Sharmain J. Smith v. State of Indiana (NFP)
02A03-1204-CR-174
Criminal. Affirms conviction of illegal possession of a firearm by a serious violent felon.

Roosevelt D. Brooks v. State of Indiana (NFP)
48A02-1205-PC-375
Post-conviction relief. Affirms denial of post-conviction relief.

Mattie A. Tedrow and Mary L. Pierson v. Coyeville Belcher as Personal Rep. of the Estate of Everett D. Belcher, Jr.; and Lynn R. Belcher (NFP)
59A01-1204-EU-196
Estate/unsupervised. Affirms trial court decision to uphold the will of Tedrow and Belcher’s father.

William Emry v. State of Indiana (NFP)
27A03-1204-CR-274
Criminal. Affirms revocation of probation.

BCC Products, Inc. and Roger Brunette, Jr. v. Roger Brunette, Sr., and Pauline Brunette (NFP)
41A01-1201-CC-28
Collections. Affirms trial court decision in favor of defendants.

Albert Lindsey v. State of Indiana (NFP)
49A02-1204-CR-333
Criminal. Affirms conviction and enhancement of a count of trespassing from a Class A misdemeanor to a Class D felony.

Bernard Simmons v. State of Indiana (NFP)
45A04-1203-CR-104
Criminal. Affirms six-year sentence for Class C felony criminal confinement.

Jerry Kaiser, Jr. v. State of Indiana (NFP)
82A01-1203-CR-124
Criminal. Affirms convictions of Class B felony dealing methamphetamine and Class D felony possession of methamphetamine.

Michael Ramos v. Robertson's Apartments (NFP)
71A03-1203-SC-107
Small claims. Affirms trial court denial of request for appointment of guardian ad litem and request for damages in excess of the small claims jurisdictional maximum.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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